Terms and Condition for Cleaning

QUOTES

 Quick quotes are provided based on estimates made by our operators using information obtained over the phone, Google Maps, or street view assessments. These quotes may not be entirely accurate. A revised quote will be issued before cleaning begins if the initial estimate needs adjustment. All quotes pertain to glass (window) cleaning, gutter cleaning, or solar panel cleaning unless specified otherwise. We can offer quotes based on a per cleaner/per hour basis for most services; however, either a fixed quote or an hourly rate must be accepted before work can commence.

 

SOLAR PANEL CLEANING

 Our solar panel cleaning uses a 100% Pure Water System, which ensures that panels are left spotless and streak-free. We utilize a specially designed solar brush that prevents any damage to the panel surface and do not use any harmful chemicals.

 

TIME OF ARRIVAL

 Due to the nature of our services, it can be difficult to provide an exact time for your window cleaner’s arrival. The timing can be affected by the length of previous jobs, traffic conditions, and equipment availability. Therefore, we offer a four-hour window during which your window cleaner may arrive. For gutter, solar panel, or exterior window cleaning, we can perform the work in your absence.

 

BOOKING & ACCEPTANCE

 By booking any services with Abbys Pest and Cleaning, customers acknowledge and accept the Terms and Conditions.

 

WINDOW ACCESS

 If internal window cleaning is required, please ensure that easy access to these windows is provided prior to our arrival. This will help avoid additional fees incurred while the cleaner waits for items to be moved or performs that task on your behalf.

 

PAYMENT TERMS

 We accept cash and credit card payments for all residential cleaning services, which are due on the day of the clean. All invoices must be paid within 15 days; late payments will incur a 5% interest charge per month until the account is settled. You will also be responsible for any costs related to payment retrieval, such as legal fees and other incurred expenses. We reserve the right to charge $10 for letters, $10 for legal notices, and $20 for returned payments. Any unpaid accounts may be assigned to a debt collection agency or solicitor. If you dispute an invoice and claim payment has been made, the responsibility lies with you to provide proof of payment. We cannot accept liability for lost cash, cheques, or postal orders, and we advise against sending cash through the mail.

 

FLY SCREENS & SECURITY SCREENS

 During the booking process, our operators will inquire whether you have removable fly screens and if cleaning is required. Should the fly screens and/or security screens prove non-removable, or obstruct cleaning upon our arrival, charges will still apply. Please note that Abbys Pest and Cleaning does not accept liability for aged or ill-fitting screens.

 

WEATHER

We clean windows in nearly all weather conditions, so cancellations or postponements due to weather may not be accepted.

 

WINDOW SCRAPING / TREATMENT

 Certain external debris, such as paint, varnish, limescale, mastic, cement mortar, glue, labels, or other materials, cannot be removed using pure water alone. Arrangements for this additional service can be made based on an assessment and may incur added costs. Our standard window cleaning service does not include paint scraping, stain, or oxidation removal unless otherwise stated. Please be aware that removing ingrained debris, sometimes referred to as “Builders Cleans,” may result in slight scratches. While we will exercise care, Abbys Pest and Cleaning cannot be held responsible for marks left after cleaning.

 

WINDOW TRACKS CLEANING

 Our window track cleaning service is basic and involves the removal of as much dirt as possible using a portable vacuum or microfiber cloth. While this method will eliminate most dirt buildup, it does not include deep scrubbing or thorough cleaning. If you wish to have the tracks completely cleaned, this will significantly increase the total cost. Please speak with a member of our friendly team for more information.

 

GUTTER CLEANING & GUTTER GUARDS

 We utilize a commercial-strength gutter vacuum that can operate from the ground and reach heights of over three levels, along with blower vacuums or, when necessary, traditional manual methods. If gutter guards are in place, some cleaning methods may be less effective. If necessary, removing gutter guards prior to cleaning can be arranged, although this will increase the overall quote. Please consult with our team for further details before proceeding.

 

48-Hour Assurance

Any issues or concerns regarding the cleaning services must be reported to Abbys Pest and Cleaning within 48 hours of the cleaning’s completion. Due to the specialized nature of solar panel, window, and gutter cleaning, complaints made after this period will not be accepted.

 

Internal Cleaning

Although we take great care when cleaning internal windows, we cannot accept responsibility for any damage that may occur to the surroundings during this process.

 

Terms and Conditions of Trade

Abbys Pest and Cleaning Terms and Conditions of Trade  

1. Definitions

1.1 “Seller” refers to Abbys Pest and Cleaning and any individual acting on its behalf.

1.2 “Client” refers to the individual or entity named in any quotation or authorization provided by the Seller.

1.3 “Guarantor” denotes anyone who agrees to be responsible for the debts of the Client.

1.4 “Services” includes all services provided by the Seller to the Client, along with any advice or recommendations.

1.5 “Price” is the agreed amount payable for the Services as determined in accordance with clause 4.

 

2. Trade Practices and Fair-Trading

2.1 This agreement does not intend to exclude any relevant provisions of the Commonwealth Trade Practices Act 1974 (TPA) or Fair-Trading Acts (FTA) applicable in Australia’s States and Territories, except as permitted by those Acts.

 

3. Acceptance

3.1 Any instructions received from the Client for services or acceptance of services provided by the Seller will constitute acceptance of these terms and conditions.

3.2 If multiple Clients are involved, they will be jointly and severally liable for all payments due.

3.3 Once the Client accepts these terms, they become binding and may only be amended in writing with the Seller’s consent.

3.4 The Client must notify the Seller in writing at least fourteen (14) days in advance of any changes in ownership, name, or other relevant details. The Client will be liable for any loss incurred by the Seller due to non-compliance.

3.5 Services are provided by the Seller based solely on these terms, regardless of any contradicting terms in the Client’s order.

 

4. Price and Payment

4.1 At the Seller’s discretion, the Price may be:

(a) as indicated on invoices issued to the Client; or

(b) the Seller’s quoted Price, which is binding only if the Client accepts it in writing within thirty (30) days.

4.2 A deposit may be required at the Seller’s discretion.

4.3 For approved clients, payment is due within thirty (30) days from the date of the invoice.

4.4 Payment must be made promptly as specified on the invoice. If no deadline is indicated, payment is due within seven (7) days.

4.5 Payment methods include cash, cheque, bank cheque, direct credit, or any mutually agreed method.

4.6 Goods and Services Tax (GST) and other applicable taxes will be added to the Price unless stated otherwise.

 

5. Variations to the Price

5.1 Unless specified by the Seller, quotations cover a single service only; additional services will be regarded as variations to the Price.

5.2 The Seller’s quotation is based on the condition of the nominated site at the time of inspection. Any variation in that condition will result in a Price adjustment.

5.3 The Seller reserves the right to change the Price if there are variations to the original quotation. Any additional costs due to increases in materials or labor will also be billed and noted as variations on the invoice.

 

6. Delivery of Services

 6.1 The Seller shall determine when the delivery of the Services takes place. Delivery occurs when the Client takes possession of the Services at the address provided by the Client, either directly from the Seller or from the Seller’s designated carrier.

6.2 The Seller may choose to include delivery costs in the overall Price of the Services.

6.3 It is the Client’s responsibility to ensure that the nominated site is adequately prepared for the Seller to commence the Services, with minimal interference from tradespersons or ongoing work.

6.4 The Client must arrange to accept delivery of the Services as scheduled. If the Client is unable to do so (including circumstances that prevent the Seller from starting the Services as mentioned in clause 6.3), the Seller may impose a reasonable fee for redelivery, as stated in clause 12.2.

6.5 If the Services are delivered to a third party designated by the Client, this shall still be considered delivery to the Client under the terms of this agreement.

6.6 The Client must ensure that the requested completion date is realistic and accurate to enable the Seller to deliver the Services by the desired deadline. The Seller shall not be liable for any losses incurred by the Client if the requested completion date is found to be inaccurate, unattainable, or unreasonable.

6.7 Should the Seller fail to deliver the Services, neither party shall have the right to treat this contract as void.

6.8 The Seller shall not be held liable for any loss or damage resulting from a failure to deliver the Services timely or at all if such failure is due to circumstances beyond the Seller’s control.

 

7. Risk

7.1 Although the Seller maintains ownership of the Services, all risk associated with the Services shall transfer to the Client upon delivery.

7.2 The Seller is not liable for any defects in glass, frames, fixtures, fittings, or joinery that may be discovered during the execution of the Services. Any such defects will be reported to the Client by the Seller upon completion.

7.3 The Seller shall not be responsible for any loss or damage caused by water entering the premises due to faulty workmanship by third parties or electrical faults. The Seller will exercise due care where necessary.

 

8. Title

8.1 Ownership of the Services shall not transfer from the Seller to the Client until:

(a) the Client has settled all amounts owed to the Seller for the specific Services; and

(b) the Client has fulfilled all other obligations to the Seller under any contracts between the two parties.

8.2 Any payment received by the Seller in a form other than cash shall not be considered complete until that payment has been honoured, cleared, or recognized. Until this occurs, the Seller retains ownership and rights related to the Services.

 

9. Errors and Omissions

9.1 The Client is required to inspect the Services upon completion and must notify the Seller of any alleged defects, discrepancies in quantity, or failures to comply with the agreed-upon description or quotation within forty-eight (48) hours. This timeframe is critical. The Client shall provide the Seller with the opportunity to inspect the Services within a reasonable time if defects are believed to exist. If the Client fails to follow these procedures, the Services will be deemed to comply with all terms and conditions and free of any defects or damages.

For any Services considered defective, which the Seller has acknowledged in writing as being subject to rejection, the Seller’s liability is limited to either (at the Seller’s discretion) replacing or rectifying the Services. This limitation does not apply when the Client has obtained Services as a consumer under the Trade Practices Act 1974 (Cth) or the relevant Fair-Trading Acts in Australia, entitling the Client to a refund of the purchase Price, rectification of the Services, or replacement of the Services, at their discretion.

 

10. Default and Consequences of Default

10.1 Interest on overdue invoices will accrue daily from the date payment is due until it is paid, at a rate of 2.5% per calendar month. The Seller may, at their discretion, compound this interest monthly, applicable both prior to and after any legal judgment.

10.2 If a Client’s payment is dishonoured for any reason, they will be responsible for any dishonour fees incurred by the Seller.

10.3 If the Client fails to pay any invoice when it is due, the Client agrees to cover all costs and expenses incurred by the Seller in pursuing the debt, including legal fees and collection agency costs.

10.4 If the Client breaches any obligations (including those related to payment), the Seller has the right to suspend or terminate the services provided to the Client without any liability for losses or damages incurred by the Client as a result.

10.5 Should any account remain overdue for more than seven (7) days, the Seller may impose an administration fee. This fee will be the greater of $20.00 or 10% of the overdue amount, capped at a maximum of $200.00. This fee will become immediately due and payable.

10.6 The Seller retains the right to cancel all or part of any unfulfilled order from the Client. In such cases, all amounts owed to the Seller will become immediately payable if:

(a) any payment due to the Seller is overdue, or if the Seller believes the Client is unable to meet its payment obligations;

(b) the Client becomes insolvent, convenes a meeting with creditors, proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise), or similar individual is appointed to the Client or any of its assets.

 

11. Security and Charge

11.1 If the Client and/or the Guarantor (if applicable) owns real estate or any other asset that can be secured, both agree to create a mortgage or charge on their interests in that property to secure any monetary obligations under these terms and conditions. The Seller (or its nominee) may file a caveat against the property, which will be withdrawn once all obligations are satisfied.

11.2 Should the Seller take action under this clause, the Client and/or Guarantor will indemnify the Seller for all costs and expenses incurred, including legal fees.

11.3 The Client and/or Guarantor irrevocably appoint the Seller or its nominee to act as their lawful attorney to perform all necessary actions to implement the provisions of this clause.

 

12. Cancellation

12.1 The Seller reserves the right to cancel any contract to which these terms apply or to terminate the delivery of services before completion by providing written notice to the Client. Upon such notice, the Seller will refund any payments made by the Client for the Price. The Seller will not be liable for any losses or damages resulting from this cancellation.

12.2 If the Client cancels the delivery of services, they must provide at least forty-eight (48) hours’ notice before the scheduled delivery date. If this notice is not given, the Client will be liable for a late notice fee of at least $450.00 per day, as well as any losses incurred by the Seller, including loss of profits, up to the time of cancellation.

 

13. Privacy Act 1988

13.1 The Client and/or Guarantor(s) agree that the Seller may obtain a credit report containing personal credit information about the Client and the Guarantor(s) from a credit reporting agency, relating to the credit provided by the Seller.

13.2 The Client and/or Guarantor(s) consent to the Seller exchanging information about them with credit providers identified as trade referees by the Client or listed in a consumer credit report issued by a credit reporting agency, for the following reasons:

(a) to assess the Client’s application; and/or

(b) to inform other credit providers of any defaults by the Client; and/or

(c) to share information regarding the Client’s account status, particularly if the Client is in default with other credit providers; and/or

(d) to evaluate the creditworthiness of the Client and/or the Guarantor(s).

13.3 The Client gives permission for the Seller to receive a consumer credit report to assist in collecting overdue payments on commercial credit (Section 18K(1)(h) Privacy Act 1988).

13.4 The Client agrees that the Seller may use and retain the provided personal credit information for the following purposes, as well as any other purposes required by law or agreed upon:

(a) providing services; and/or

(b) marketing services by the Seller, its agents, or distributors related to the services; and/or

(c) analysing and verifying the Client’s credit and payment status in relation to the services; and/or

(d) processing any payment instructions or credit facilities requested by the Client; and/or

(e) managing the Client’s account and collecting any outstanding amounts related to the services.

13.5 The Seller may provide information about the Client to a credit reporting agency for these purposes:

(a) to obtain a consumer credit report about the Client; and/or

(b) to enable the credit reporting agency to create or maintain a credit information file for the Client.

 

14. Intellectual Property

14.1 All copyrighted material, data, text, images, graphics, embedded videos, trademarks, photographs, and other intellectual property (collectively referred to as “Content”) on the Website belong to the Seller. The Seller does not grant any rights to use the Website or its Content for any purpose other than personal, non-commercial viewing unless explicitly agreed to in writing.

 

15. General Provisions

15.1 If any provision of these terms and conditions is found to be invalid, void, illegal, or unenforceable, the validity and enforceability of the remaining provisions will not be affected.

15.2 These terms and conditions, along with any contracts they apply to, shall be governed by the laws of Victoria and are subject to the jurisdiction of Victoria’s courts.

15.3 The Seller is not liable for any indirect or consequential losses or expenses (including lost profits) incurred by the Client due to a breach of these terms and conditions by the Seller.

15.4 If the Seller breaches this contract, the Client’s remedies are limited to damages, which shall not exceed the Price of the Services under any circumstances.

15.5 The Client may not offset or deduct any amounts owed or claimed against the Price nor withhold payment on any invoice because part of that invoice is disputed.

15.6 The Seller may license or subcontract any or all of its rights and obligations without requiring the Client’s consent.

15.7 The Seller reserves the right to review these terms and conditions at any time. Changes will take effect from the date the Seller notifies the Client.

15.8 Neither party will be liable for any default resulting from acts of God, war, terrorism, strikes, lockouts, industrial action, fires, floods, storms, or any other events outside their reasonable control.

15.9 The Seller’s failure to enforce any provision of these terms and conditions will not be considered a waiver of that provision, nor will it affect the Seller’s right to enforce it in the future.